What is the knowledge related to trademarks
1. Basic concepts of trademarks
Trademark refers to the same and similar goods produced or operated by commodity producers or operators to distinguish them from other commodity producers and operators. , and use distinctive marks composed of words, graphics or combinations thereof on their own products.
2. Characteristics of trademarks
Trademark is the sign of goods. It symbolizes the quality, reputation, evaluation and quality of goods. Reputation, through the analysis of the essence of trademarks, we can see that trademarks have the following characteristics:
1. Trademarks have the attribute of being attached to goods, that is, trademarks are an inevitable product of the commodity economy.
2. Trademarks have property attributes.
3. The trademark is competitive.
4. The trademark is exclusive.
3. The relationship between trademarks and related concepts
1. Trademarks and trade names
A trade name is a proprietary name used by a commercial entity to indicate that it is different from others and performs legal acts in commercial transactions.
Trademarks and trade names are closely related, as shown in:
(1) Trademarks are used to distinguish similar products provided by different product producers and operators, but their users is fixed. A trade name is also owned by a specific producer and operatorUsed exclusively in commercial transactions to distinguish other commercial entities.
(2) The words, graphics or words used in the trademark The combination and the words used in the trade name must not violate laws, regulations and social public interests.
(3) Trademarks and trade names are goodwill Both carriers are intangible properties with economic value, and the use of both will bring huge profits to the rights holders.
(4) The trademark and trade name are integrated, Many trade names that meet the prescribed conditions can be registered as trademarks, and trademarks can also be registered as trade names.
But the differences between trademarks and trade names cannot be ignored. of:
First, trademarks distinguish different businesses A trade name is a mark for similar goods produced by an entity, and a trade name is a mark that distinguishes different commercial entities. Therefore, a commercial entity can only have one trade name, but can have many trademarks representing different goods
Second, the constituent elements of a trademark can be words, graphics and their combinations, but the constituent elements of a trade name are only words .
Third, not every trademark or registered trademark All entities have it, but a trade name is something that every commercial entity must have.
Fourth, registered trademarks have a time limit, but can be renewed, while the existence of a trade name has no limit. Time limit, no renewal required.
Fifth, registered trademarks are legally protected nationwide Protection, while commercial entities only enjoy exclusive rights over trade names within the jurisdiction of the registration authority.
2. Trademarks and product decoration
Commodity decoration refers to the decoration on product packaging.
The following differences exist between trademarks and product decoration: span>
First, the stability requirements in pattern design are different. Trademarks are exclusive and exclusive and should maintain their stability after approval and registration. Product decoration is not exclusive and does not require registration, and can be changed at any time according to circumstances.
Second, the purposes of use are different. The purpose of using trademarks is mainly to distinguish similar goods produced and operated by different commercial entities. The main purpose of product decoration is to explain the structure, performance and usage of the product, beautify the product, and stimulate consumer demand and desire.
Third, the relationship with the content of the product is different. The trademark must not be the same as the content of the product; the decoration of the product is often consistent with the content of the product.
Fourth, the composition ideas are different. Trademark patterns focus on distinctiveness; product decoration should focus on rendering, exaggeration, and beautification Products.
3. Trademarks and business slogans
Business slogans are slogans that play an advertising role in order to promote products. .
4. Trademarks and origin marks
The country of origin mark is a sign that directly indicates the origin of the product and is used to indicate Goods are produced, manufactured, processed and selected in a specific country, region, place or place.
5. Trademarks and designs
Appearance design refers to a new design of a product’s shape, pattern, color or their combination that is aesthetically pleasing and suitable for industrial applications.
4. Functions of trademarks
1. Indicate the source of the goods Function
2. Function to indicate product quality span>
3. Function of advertising
I believe that after reading the above introduction, you will have a clear understanding of how to solve the legal responsibilities that need to be paid attention to. Now that you have a certain understanding of knowledge, if you still have legal questions in this area, please consult the lawyers on the Legal Savior Network and they will provide you with professional answers.
